Abortion Law Summary By State
Ongoing legal challenges refine and sometimes roll back abortion restrictions.
Abortion laws are changing quickly.
Every state has unique laws on abortion, and they seem to be ever-changing. In 2022, the U.S. Supreme Court ruled in Dobbs v. Jackson Women's Health Organization that the U.S. Constitution does not provide a right to abortion. Overruling Roe v. Wade, the Court decided that state legislatures have the authority to regulate abortion.
Some states now ban abortion entirely, some have exceptions such as preserving the life or health of the mother. Other states allow abortion until fetal viability, or sometimes no restrictions at all. But look at the laws in your state carefully. Some have such vague language that they can be interpreted almost anyway they want. They make the law sound good but they really aren’t.
Note that laws in this area are still changing frequently and may not be fully settled for years. I would bookmark the pages for your state and check them often.
Alabama Law Summary
Abortion prohibited with exceptions.
Exceptions:
Except for serious health risk to the mother.
Law Sites:
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Alaska Law Summary
Abortion is a fundamental right.
Exceptions:
No exceptions.
Law Sites:
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Arizona Law Summary
Abortion prohibited after 15 weeks with exceptions
Exceptions:
To save the life of the mother.
Law Sites:
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Arkansas Law Summary
Abortion prohibited with exceptions.
Exceptions:
To save the life of the mother.
Law Sites:
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California Law Summary
Abortion prohibited after viability with exception.
Exceptions:
Except to save the life of the mother.
Law Sites:
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Colorado Law Summary
Abortion is a fundamental right.
Exceptions:
No exceptions.
Law Sites:
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Connecticut Law Summary
Abortion prohibited after viability with exception.
Exceptions:
Except when necessary to preserve the life or health of the mother.
Law Sites:
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Delaware Law Summary
Abortion prohibited after viability with exceptions.
Exceptions:
Unless the termination is necessary to protect the woman’s life or health or in
the event of a fetal anomaly for which there is not a reasonable likelihood of the
fetus’ sustained survival outside the uterus without extraordinary medical measures.
Law Sites:
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Florida Law Summary
Abortion prohibited after 6 weeks with exceptions.
Exceptions:
A need to save the pregnant woman’s life or avert a serious risk of substantial and
irreversible physical impairment of a major bodily function.
A pregnancy in the first two trimesters in which there is a fatal fetal abnormality.
A pregnancy no longer than 15 weeks that resulted from rape, incest, or human trafficking.
Law Sites:
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Georgia Law Summary
Abortion prohibited once the fetus has a detectable heartbeat with exceptions.
Exceptions:
When a physician determines that a medical emergency exists or that the pregnancy is medically futile.
When the probable gestational age of the unborn child is 20 weeks or less, and the pregnancy is
the result of rape or incest in which an official police report has been filed alleging
the offense of rape or incest.
Law Sites:
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Hawaii Law Summary
Abortion prohibited after viability with exceptions.
Exceptions:
To protect the life or health of the mother.
Law Sites:
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Idaho Law Summary
Abortion prohibited with exceptions.
Exceptions:
When the abortion is necessary to prevent the death of the mother, and certain
additional requirements are met.
During the 1st trimester for certain situations involving rape or incest.
Law Sites:
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Illinois Law Summary
Abortion prohibited after viability with exceptions.
Exceptions:
To protect the life or health of the mother.
Law Sites:
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Indiana Law Summary
Abortion prohibited with exceptions.
Exceptions:
Before viability (20 weeks) to prevent a serious health risk to the mother or to save her life.
Or the fetus is diagnosed with a lethal fetal anomaly.
Or during the first 10 weeks when the pregnancy is a result of rape or incest.
Law Sites:
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Iowa Law Summary
Abortion prohibited once there is a detectable fetal heartbeat, with exceptions.
Exceptions:
For medical emergencies.
Or when the abortion is medically necessary.
Law Sites:
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Kansas Law Summary
Abortion prohibited from 22 weeks, or on a pain-capable unborn child - with exceptions.
Exceptions:
When the abortion is necessary to preserve the life of the mother.
Or a continuation of the pregnancy will cause a substantial and irreversible
physical impairment of a major bodily function.
Law Sites:
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Kentucky Law Summary
Abortion prohibited - with exceptions.
Exceptions:
To prevent death or substantial risk of death due to a physical condition.
Or to prevent the serious, permanent impairment of a life-sustaining organ of the mother.
Law Sites:
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Louisiana Law Summary
Abortion prohibited - with exceptions.
Exceptions:
To prevent death or substantial risk of death due to a physical condition.
Or to prevent the serious, permanent impairment of a life-sustaining organ of a mother.
(This excludes the removal of an unborn child who is deemed to be "medically futile" from
the definition of abortion.)
Law Sites:
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Maine Law Summary
Abortion prohibited after viability - with exceptions.
Exceptions:
An abortion may be performed only when it is necessary.
Law Sites:
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Maryland Law Summary
Abortion is comprehensively protected until viability - with exceptions.
Exceptions:
At any time if the termination is necessary to protect the life or health of the mother.
Or if the fetus is affected by a genetic defect or a serious deformity or abnormality.
Law Sites:
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Massachusetts Law Summary
Abortion prohibited from 24 weeks - with exceptions.
Exceptions:
Unless it is necessary to preserve the life of the mother or her physical or mental health,
Or unless it is warranted because of a lethal fetal anomaly or the fetus is incompatible with
sustained life outside the uterus.
Law Sites:
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Michigan Law Summary
Abortion is legal but may be regulated after viability.
Regulation:
The state may regulate the provision of abortion care after fetal viability,
although it may not prohibit an abortion that is medically indicated to protect
the life or physical or mental health of the pregnant person.
Law Sites:
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Minnesota Law Summary
Abortion is a fundamental right.
Exceptions:
No exceptions.
Law Sites:
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Mississippi Law Summary
Abortion prohibited - with exceptions.
Exceptions:
When necessary for the preservation of the mother’s life.
Or when the pregnancy was caused by rape.
(The rape exception applies only if a formal charge of rape was filed with an
appropriate law enforcement official.)
Law Sites:
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Missouri Law Summary
Abortion is prohibited after viability - with exceptions.
Exceptions:
If needed to protect the physical or mental health of a mother.
Law Sites:
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Montana Law Summary
Abortion is prohibited after viability - with exceptions.
Exceptions:
If it is necessary to preserve the life of the mother.
Law Sites:
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Nebraska Law Summary
Abortion is prohibited from 12 weeks - with exceptions.
Exceptions:
For a medical emergency.
Or a pregnancy resulting from sexual assault or incest.
Law Sites:
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Nevada Law Summary
Abortion prohibited after 24 weeks - with exceptions.
Exceptions:
To preserve the life or health of the mother.
Law Sites:
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New Hampshire Law Summary
Abortion prohibited from 24 weeks - with exceptions.
Exceptions:
For fetal abnormalities incompatible with life.
For medical emergencies.
Law Sites:
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New Jersey Law Summary
Abortion is a fundamental right.
Exceptions:
No exceptions.
Law Sites:
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New Mexico Law Summary
Abortion is legal.
Exceptions:
No exceptions.
Law Sites:
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New York Law Summary
Abortion prohibited after 24 weeks - with exceptions.
Exceptions:
An absence of fetal viability.
Or to protect the mother’s life or health.
Law Sites:
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North Carolina Law Summary
Abortion prohibited after 12 weeks - with exceptions.
Exceptions:
Through the 20th week when result of rape or incest.
When there is a life-limiting anomaly.
For a medical emergency at any stage of pregnancy.
Law Sites:
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North Dakota Law Summary
Abortion prohibited - with exceptions.
Exceptions:
When deemed necessary to prevent the death of or a serious health risk to the mother.
Or from gross sexual imposition, sexual imposition, sexual abuse of a ward, or incest
if the probable gestational age of the unborn child is six weeks or less.
Law Sites:
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Ohio Law Summary
Abortion prohibited from 20 weeks - with exceptions.
Exceptions:
To prevent the death or a serious risk of the substantial and irreversible impairment of a major bodily function of the mother.
Or when a fetal heartbeat has been detected, which is usually about six weeks into a pregnancy.
(However, the enforcement of this law has been blocked by a court order.)
Law Sites:
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Oklahoma Law Summary
Abortion prohibited - with exceptions.
Exceptions:
When necessary to save the life of a mother.
Law Sites:
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Oregon Law Summary
Abortion is a fundamental right.
Exceptions:
No exceptions.
Law Sites:
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Pennsylvania Law Summary
Abortion prohibited from 24 weeks - with exceptions.
Exceptions:
When necessary to prevent the death of the mother or the substantial and irreversible impairment
of a major bodily function.
Law Sites:
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Rhode Island Law Summary
Abortion prohibited after viability - with exceptions.
Exceptions:
When necessary to preserve the life or health of a mother.
Law Sites:
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South Carolina Law Summary
Abortion prohibited once a fetal heartbeat is detected - with exceptions.
Exceptions:
For a medical emergency, or to prevent the death of the mother or prevent the serious risk
of a substantial and irreversible impairment of a major bodily function of the mother.
When a pregnancy resulted from rape or incest, and the probable gestational age of the
unborn child is not more than 12 weeks.
For the existence of a fatal fetal anomaly.
Law Sites:
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South Dakota Law Summary
Abortion prohibited - with exceptions.
Exceptions:
To preserve the life of the mother.
Law Sites:
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Tennessee Law Summary
Abortion prohibited - with exceptions.
Exceptions:
To prevent the death of the mother or to prevent serious risk of substantial
and irreversible impairment of a major bodily function of the mother.
Law Sites:
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Texas Law Summary
Abortion prohibited - with exceptions.
Exceptions:
Unless the pregnant woman has a life-threatening physical condition aggravated by,
caused by, or arising from the pregnancy that places the woman at risk of death or
poses a serious risk of substantial impairment of a major bodily function unless the
abortion is performed or induced.
Law Sites:
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Utah Law Summary
Abortion prohibited from 18 weeks - with exceptions.
Exceptions:
To avert the death of the mother or a serious physical risk of substantial impairment of a major bodily function of the mother.
Or if two doctors concur that the fetus has a fetal abnormality that is incompatible with life.
Law Sites:
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Vermont Law Summary
Abortion is a fundamental right.
Exceptions:
No exceptions.
Law Sites:
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Virginia Law Summary
Abortion prohibited after the 2nd trimester - with exceptions.
Exceptions:
After the 2nd trimester is legal only if the physician and two consulting physicians certify
that the continuation of the pregnancy is likely to result in the death of the mother or
substantially and irremediably impair her mental or physical health.
Stipulation:
The procedure must be performed in a hospital licensed by the State Department of Health
or operated by the Department of Behavioral Health and Developmental Services.
Law Sites:
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Washington Law Summary
Abortion prohibited after viability - with exceptions.
Exceptions:
To protect the mother’s life or health.
Law Sites:
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Washington DC Law Summary
Abortion is a recognized right.
Exceptions:
No exceptions.
Law Sites:
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West Virginia Law Summary
Abortion prohibited - with exceptions.
Exceptions:
The baby is non-viable, is ectopic, or a medical emergency exists.
(Note that “non-viable” means an embryo or fetus that has a lethal anomaly that makes
it incompatible with life outside the uterus.)
In the first 8 weeks of pregnancy of an adult when it’s the result of sexual assault
and the mother has reported the sexual assault to a law enforcement agency.
Within the first 14 weeks of a minor or an incompetent or incapacitated adult when the
pregnancy resulted from sexual assault or incest, and either it has been reported to
law enforcement or the patient has obtained medical treatment for it.
Law Sites:
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Wisconsin Law Summary
Abortion prohibited from 20 weeks or when the unborn child is considered capable
of experiencing pain - with exceptions.
Exceptions:
Unless the woman is undergoing a medical emergency.
Law Sites:
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Wyoming Law Summary
Abortion prohibited after viability - with exceptions.
Exceptions:
If a pre-viability abortion is necessary to prevent the death of the mother, substantial
risk of death, or the serious and permanent impairment of a life-sustaining organ.
Or when there is a substantial likelihood of a lethal fetal anomaly.
Or the pregnancy resulted from incest or sexual assault if it was reported to
a law enforcement agency.
Law Sites:
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